Climate Change, Sustainable Development, and Ecosystems
Committee Program Call
Clean Power Plan Oral Argument Review
October 3, 2016
12:00 PM Eastern
The committee call will review the oral argument scheduled for September 27, 2016, in the challenge to EPA’s final Clean Power Plan, which is aimed at reducing greenhouse gas emissions from existing fossil-based electric generating units. The Clean Power Plan, promulgated under Clean Air Action section 111(d), has been challenged by a group of states and affected industries. See West Virginia v. EPA, No. 15-1363 (Oct. 23, 2015). Oral argument will be before the en banc D.C. Circuit Court of Appeals.
On October 3 at 12 noon ET, we are pleased that two SEER members who are involved in the litigation will join us to review and discuss oral argument:
- Allison Wood, Hunton & Williams, Washington, DC
- Kevin Poloncarz, Paul Hastings, San Francisco, CA
There will be time for audience Q&A, so prepare your questions now.
To participate, please call (866) 646-6488; passcode: 761 992 3622. Once you enter the passcode, you will be placed directly into the call. Please note that after entering the passcode, you will be asked to press * if you are the leader. Please ignore this prompt.
Final Methane Regulations for the Oil and Gas Sector-The Litigation Has Begun - How Will Companies and States Implement the Rules and What's the Litigation Outlook?
October 12, 2016
12:00 PM - 1:30 PM ET
The Obama administration finalized the first ever methane regulations for the oil and gas sector in May of 2016. The regulations issued by the U.S. Environmental Protection Agency primarily target emissions from new and modified oil and gas wells. Lawsuits have been filed challenging the regulations. The regulations have become even more important with the stay of the Clean Power Plan and the administration's desire to seek out additional greenhouse gas emission reductions to contribute to the U.S. commitment under the Paris Agreement. Attend this webinar to learn the latest on the regulations, their implementation, and the litigation.
Recent Cases and Hot News
If you have a Hot News item that you would like posted, please sent it to Elizabeth Stevens or Jameson Tweedie.
- Global Temperatures Are on Course for Another Record This Year (NYTimes)
- Hottest ever June marks 14th month of record-breaking temperatures (Guardian)
- What You Need to Know about the Proposed Revisions to Cap and Trade (JD Supra)
- State Air Agency Group Issues Model Clean Power Plan Rule (JD Supra)
- Volkswagen To Pay $10B To Settle Emissions Claims (Law360)
- Texas federal judge denies ExxonMobil remand request of USVI climate subpoena suit (Law360)
- 8th Circ. Kills Minn. Law Blocking New Coal Plants' Power (Law360)
- France becomes first major nation to ratify UN climate deal (Guardian)
- Supreme Court Nixes States’ Challenge To EPA Mercury Rule (Law360)
- Renewable energy surges to record levels around the world (BBC)
- Youth Win Climate Case Against Massachusetts in State's High Court (Inside Climate News)
- 'Expect the unexpected': Obama’s climate agenda hits another legal surprise (Washington Post)
- Climate change puts 1.3bn people and $158tn at risk, says World Bank (Guardian)
- EPA Finalizes Methane Rule For New Oil, Gas Sources (Law360)
- New York Plans to Make Fighting Climate Change Good Business (NYTimes)
- See Earth’s Temperature Spiral Toward 2°C (Climate Central)
- Percentage of “conservative republicans” who believe climate is changing jumped from 28% to 47% in two years. (EENews)
- Paris climate deal: countries with about half of global emissions to join this year (Guardian)
- BREAKING: EPA Says Cost Analysis Supports Mercury Rule (Law360)
- Final Finding: Consideration of Cost in the Appropriate and Necessary Finding for the Mercury and Air Toxics Standards for Power Plants (EPA)
- Exxon Turns To Texas Court To Block Climate Change Probe (Law360)
- Keep Kids' Climate Suit Alive For Now, Magistrate Says (Law360)
- Citing Climate Change, US Regulations Expand Protection for the Critical Habitats of ESA-Listed Species (Lexology)
- BofA, Others Pledge $8B For Green Energy Projects (Law360)
- U.S. Experiencing 3rd Warmest Year to Date (Climate Central)
- Signs Are Promising That Economies Can Rise as Carbon Emissions Decline (NYTimes)
- Maryland Law Forces 40% Greenhouse Gas Cut By 2030 (Law360)
- Climate change will wipe $2.5tn off global financial assets: study (Guardian)
- India to ratify COP 21 climate agreement on April 22 (Economic Times)
- EPA Has Authority To Craft CPP, Lawmakers Tell DC Circ. (Law360)
- Paris Climate Treaty: 'Significant step' as US and China agree to sign (BBC News)
- Climate Model Predicts West Antarctic Ice Sheet Could Melt Rapidly (NY Times)
- Climate Fraud Investigation of Exxon Draws Attention of 18 Attorneys General (Inside Climate News)
- Carbon emissions highest in 66 million years, since dinosaur age (Reuters)
- Will Merrick Garland Save Obama’s Climate Legacy (Mother Jones)
- Obama and Justin Trudeau of Canada Unveil Efforts to Fight Climate Change (NYTimes)
- As sea levels rise, economic damage piles up even faster: study (Reuters)
- Emerging Trends In Climate Change Litigation (Law360)
- DOJ Asks FBI To Mull ExxonMobil Climate Change Probe (Law360)
- High Court Won't Halt EPA Mercury Rule (Law360)
- EPA: US greenhouse gas emissions increased slightly in 2014 (The Hill)
- Paris Deal May Give EPA Another Source Of GHG Authority (Law360)
- U.S. Supreme Court Halts Clean Power Plan (U.S. News)
- Sea level rise from ocean warming underestimated, scientists say (Guardian)
- 2015 Was Hottest Year in Recorded History, Scientists Say (NY Times)
- Western States Clean Power Plan Evaluation Model (Fovea)
- Obama to Announce Moratorium on New Coal-Mining Leases on Public Land (NY Times)
- Countries Ink Historic Climate Change Pact In Paris (Law360)
- 195 Nations Approve Landmark Climate Change Plan in Paris (NY Times)
Global Climate Change and U.S. Law, Second Edition
Michael B. Gerrard and Jody Freeman, Editors
This comprehensive examination of U.S. law as it relates to climate change completely updates and reconsiders material from the prior edition while adding extensive new material. Recognizing that climate change is largely an energy problem, a new section addresses energy regulation.
Order now. Log in to see special Section of Environment, Energy, and Resources member price of $89.95.
Click here to learn more.
Message from the Chair
The co-chairs and vice-chairs of the Committee encourage you to become actively involved in our programs and discussions and welcome you to enjoy the benefits of Committee membership. Please do not hesitate to contact us if you have questions about the activities of the Committee, would like to become more involved with the projects we plan to undertake this year, or if you are interested in initiating a project not listed here.
Climate Change: Climate change continues to be a source of rapid developments in environmental law. Over the course of 2013 and 2014, EPA will propose new source performance standards for greenhouse gas emissions from new and existing sources. These rulemakings will have significant impacts on the electric power generation sector and raise a number of important legal questions. There are also a range of other executive branch activities on greenhouse gases and climate change. Litigation related to these issues continues, including a recent grant of certiorari by the Supreme Court and pending cases in the D.C. Circuit and other courts of appeals.
Sustainable Development: The ABA House of Delegates recently adopted a resolution on sustainability, and a presidential-level ABA task force has been established to carry out the implementation of the resolution. The Committee will be working with the Task Force, and we will be looking for ways for our committee to support their activities. The Committee also continues to work to identify ways that lawyers can better advise clients on sustainability issues. For more information on these programs or if you have suggestions for other programs, contact our Sustainable Development Vice Chairs, Georgy Wyeth or John C. Dernbach.
Social Media: The ABA’s Section on Environment, Energy, and Resources has a limited number of dedicated pages for subgroups on LinkedIn, and CCSDE was selected as one of those pages. We encourage all members of the Committee to join the group on LinkedIn and to join our conversations. We post useful information and updates and have had some great exchanges of views on the page. It’s a great way to stay in touch with your colleagues and contacts in this subject area as well. If you have questions, please contact our social media vice-chair, Ruth Ivory-Moore.
Electronic Communications: The Committee will continue to regularly update this webpage with developments of interest, as well as continue sending updates to our members via the committee list serve and periodic e-mails on climate change, sustainable development and ecosystems news items. We hope this will keep our members abreast of recent developments in the field. If you have an update you would like to share with Committee members, or if you have any comments on the e-mail updates, please e-mail electronic communications vice-chairs, Elizabeth Stevens and Jameson Tweedie.
Programs and Public Service: The Committee will continue to develop excellent programming, including proposals for the Section Fall Meeting and Annual Conference on Environmental Law, regional programming, and responsive Quick Teleconferences and webinars. If you have an idea you would like to discuss, please contact our Programs Vice Chairs, Bernard Hawkins, Marisa Martin, Andrew D. Otis, and Gary Steinbauer.
Committee Newsletter: The Committee plans to publish four quarterly newsletters during the coming year. If you are interested in submitting an article or have an idea you would like to discuss, please contact our Newsletter Vice Chairs, Victor Baltera, Bill Smalling and Eric Waeckerlin.
The Year In Review: Each year, the Committee contributes a section on climate change, sustainable development, and ecosystems to the ABA SEER The Year in Review. This publication provides an excellent summary of the most significant events in the field. If you are interested in working on The Year in Review for our Committee, please contact our The Year in Review Vice Chairs, Kevin Davis, Shannon Dilley, and Misty Sims.
This comprehensive 602 page survey has been prepared by Kelly Nishikawa, Benjamin Lowenthal and other students at Pace Law School’s Global Center for Environmental Legal Studies, under the oversight of the Associate Director of Environmental Law Programs, Laura Jensen. This very valuable reference document accompanies Global Climate Change and U.S. Law, Second Edition (Michael B. Gerrard and Jody Freeman, eds, 2014), available online at the ABA webstore. It compiles state legislation, rules and executive orders that specifically address climate change as of the end of April 2014. It also includes a wide variety of state activities that may have an impact on greenhouse gases including legislation related to energy efficiency and renewable energy. The focus of this material is to provide readers with an understanding of the range of state activity that may contribute to greenhouse gas reduction and climate change. Some types of energy efficiency, alternative fuels and renewable energy legislation (such as tax credits for hybrid vehicles) are very similar from state to state; some laws have a short duration and therefore may not be codified (such as temporary tax credits); energy legislation is being enacted at an increasing pace. As a result, not all energy efficiency, alternative fuels and renewable energy legislation and other activity in every state are included in this compilation.
View the survey >>
Purchase the book >>
Welcome to the homepage of the Climate Change, Sustainable Development, and Ecosystems Committee (CCSDE). Our committee is a cross-practice committee within the Section of Environment, Energy, and Resources. Our goal is to make the Committee a premier source of information and a forum for discussion on the law and policies related to climate change, sustainable development, and ecosystems. The coming year will be a very exciting one in these fields and our Committee will continue to be on the forefront of new developments.
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Committee Communications/ List Serve
The primary way that the Climate Change, Sustainable Development, and Ecosystems committee disseminates information is through our List Serve, which is distributed to all Committee members. Please feel free to contact the Committee members with any questions or to share information regarding recent developments in the field of climate change, sustainable development, and ecosystems by using the list serve. The list serve address for the committee is ENVIRON-CCSDE@mail.americanbar.org. (You must be a member to use this list serve.)
View the full roster of Climate Change, Sustainable Development, and Ecosystems Committee leadership.
Westin Denver Downtown
Environmental, energy, and resources law is in a time of transition, with a wide range of questions being asked by practitioners. How will the Clean Power Plan set a new course for energy? Beyond Paris, where do we go on climate change? What will be the implications of environmental and social disclosures? ...
AMERICAN BAR ASSOCIATION Section of Environment, Energy, and Resources Climate Change, Sustainable Development, and Ecosystems Committee PRESENT: Final Methane Regulations for the Oil and Gas SectorThe Litigation Has Begun How Will Companies and States Implement the Rules and Whats the Litigation ...
The Resource Conservation and Recovery Act (RCRA) Basics
An archive of the committee's past newsletters is available.
Modified by Peter Clark on September 27, 2016